TERMS & CONDITIONS

mariomuscariello.it  and mariomuscariello.com by M.I.L.S. 1964 s.r.l.
TERMS & CONDITIONS
Date of Last Revision: july 9th, 2020


TERMS OF USE

Welcome to this website (the “Site”) by M.I.L.S. 1964 S.r.l. also written in full MUSCARIELLO INDUSTRIE LUSSO SARTORIALE 1964 s.r.l. (“Company”, “we”, “us” and/or “our”). This Site is operated by M.I.L.S. 1964 S.r.l. and has been created to provide information about our company, and the fashion product we make and sale “B2B” and “B2C” worldwilde (the “Company Services”) to our Site visitors (“you”, “your”). This Privacy Policy sets forth the Company’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from Site visitors.

M.I.L.S. 1964 S.r.l. is private European company based in ITALY and is official and exclusive distributor for Europe (only Schengen Area), Asia (Japan excluded) , Oceania and Middle East of Mario Muscariello brand, who has built its brand around the consistent production of high-quality products, like apparel, accessories and home furnishings, and its commitment to conducting business according to the highest ethical and legal standards.

U.S.A., CANADA and U.K.: MARIO MUSCARIELLO, LLC is private company based in U.S. and is official and exclusive distributor for U.S.A., CANADA and U.K. of Mario Muscariello, MarioClub, Windswell and Vicoletti brands.

We require all suppliers, factories, and contractors to adhere to our Operating Guidelines which set forth our business, legal, and ethical expectations and standards in the following areas: occupational health and safety, fair wages and benefits, work hours, transparent record-keeping practices, freedom of association, sub-contracting, customs compliance, product safety, conflicts of interest, anti-bribery, environmental sustainability, and prohibitions on child labor, forced labor, prison labor, discrimination, and harassment. In addition to our Operating Guidelines, our Foreign Migrant Workers Policy mandates ethical recruitment practices, including mandatory local language employment contracts, and the prohibition of worker-paid fees and end of contract travel expenses.

M.I.L.S. 1964 S.r.l. supports the California Transparency in Supply Chains Act of 2010 and the UK 2015 Modern Slavery Act.

M.I.L.S. 1964 S.r.l. requires all of its suppliers to prohibit the hiring of slave labor and prevent practices that could contribute to human trafficking.

To eradicate slavery and human trafficking from our supply chain, we:
– verify product supply chains using third-party auditors to ensure that our product supply chains are compliant with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking;
– conduct independent audits of our suppliers to evaluate their compliance with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking;
– require certification by our suppliers that materials incorporated into our products comply with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking in countries where our suppliers are doing business;
– maintain internal accountability standards and procedures for employees and contractors failing to meet our Operating Guidelines prohibiting slave labor and human trafficking; and
– provide training for our supply chain executives and employees on the prevention of human trafficking and slave labor.
Mario Muscariello’s reputation for product excellence begins in our suppliers’ facilities.

TERMS of USE & COPYRIGHT

Terms of Use
Please carefully read the following Terms of Use before using the mariomuscariello.it and mariomuscariello.com website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This Site is operated by M.I.L.S. 1964 S.r.l. (“Mario Muscariello”). Throughout the Site, the terms “we,” “us,” and “our” refer to Mario Muscariello. Mario Muscariello offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in EURO and are intended to be valid and effective only in the Europe (only Schengen Area), Asia (Japan excluded) , Oceania and Middle East. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Mario Muscariello, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Mario Muscariello, is expressly prohibited. We reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. Mario Muscariello, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Mario Muscariello’s sole discretion. Mario Muscariello neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Mario Muscariello.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Mario Muscariello reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Mario Muscariello may be entitled, at law or in equity.

Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Mario Muscariello and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant Mario Muscariello and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Mario Muscariello for all claims resulting from content you supply.

Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.

Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Mario Muscariello immediately. Mario Muscariello may assume that any communications Mario Muscariello receives under your password have been made by you unless Mario Muscariello receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Mario Muscariello,” “Mario Club,” and “Windswell by Mario Muscariello.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Mario Muscariello’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Mario Muscariello’s express written consent.

Links
This Site may contain links to other websites, some of which are operated by Mario Muscariello or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. Mario Muscariello is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights
Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Mario Muscariello, M.I.L.S. 1964 S.r.l. and MARIO MUSCARIELLO LLC, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Mario Muscariello reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the ITALY, UNITED STATES and other countries.

Mario Muscariello is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MARIO MUSCARIELLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARIO MUSCARIELLO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MARIO MUSCARIELLO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MARIO MUSCARIELLO NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MARIO MUSCARIELLO’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MARIO MUSCARIELLO, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MARIO MUSCARIELLO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MARIO MUSCARIELLO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MARIO MUSCARIELLO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend, and hold harmless Mario Muscariello and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Mario Muscariello reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Mario Muscariello in the defense of such matter.

Applicable Law
The laws of the Italian Country in the (Napoli court) these Terms of Use and your use of the Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the ITALY. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Disputes
Mario Muscariello, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us through any retail channel or through the Site, or to any dispute of any nature between you and Mario Muscariello, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves.

The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in Napoli, ITALY.

Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted in this page and the revised Terms of Use will take effect immediately.

Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Mario Muscariello with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us
If you have questions or comments about these Terms of Use or this Site, please contact a Customer Assistance representative by email LEGAL@MARIOMUSCARIELLO.IT

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